Submitted: June 6, 2017
Defendant's Motion for Costs, DENIED.
D. Warren, Esquire, Timothy A. Dillon, Esquire, McCann &
Wall, LLC, Wilmington, Delaware, Attorneys for Plaintiffs.
D. Kuhl, Esquire, Reger, Rizzo & Darnall, LLP,
Wilmington, Delaware, Attorney for Defendant.
MEMORANDUM OPINION AND ORDER
May 15 to 16, 2017, this Court heard this automobile accident
liability action brought by a mother and daughter against
their automobile insurance company. The jury returned a
verdict in favor of the Defendant, Allstate Insurance Group
("Allstate"), on May 16th. Two days later, Allstate
moved this Court to assess costs against Plaintiffs
(Allstate's own policyholders) Isabel Bahena Arroyo and
Yury Bahena. For the reasons stated below, Allstate's
motion is DENIED.
Factual and Procedural Background
was an uninsured motorist claim brought by Plaintiffs Isabel
Bahena Arroyo and Yury Bahena against their automobile
insurer, Allstate. A school bus crashed into the Bahenas'
vehicle resulting in significant bodily injuries and damages.
The police incident report suggested that the collision was
triggered by an unknown driver of an unidentified vehicle who
did not remain at the scene following the collision. The
initial claim submitted by the Bahenas to the bus
driver's liability insurer was denied. That denial led to
this action seeking coverage from the Bahenas' own
insurer, Allstate. Ms. Bahena Arroyo and Mrs. Bahena alleged
Allstate was contractually liable for the acts of the phantom
driver as an uninsured motorist. Allstate believed it was
trial and the jury verdict in Allstate's favor, Allstate
filed a motion for costs. The Bahenas oppose that motion.
Invoking 10 Del. C. § 5101 and this Court's
Civil Rule 54(d), Allstate's application enumerates the
costs requested simply as follows:
Lexis Filing fees
Service of trial Subpoenas
Delaware law, the Court, in its discretion, may award costs
to a prevailing party. Such costs may include filing and service
10 Del. C. § 5101, costs are "[g]enerally"
And this Court's Civil Rule 54(d) permits cost awards
"unless the Court otherwise directs."
Court has observed more than once: "[s]ometimes it is
important to win with grace." Too, it is always important to both
be clement and appear fair in victory. Here, many of the
costs Allstate requests can ...